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Originally Posted On: https://bippermedia.com/common-defenses-for-aggravated-battery-causing-great-bodily-harm/
Have you been charged with aggravated battery causing great bodily harm? Do you know what defenses are available to you? Of all Florida aggravated battery crimes, the most frightening is aggravated battery causing great bodily harm. There is a possibility of serving up to 15 years in prison for committing this crime. These cases can be tricky, so it’s important that you know what defenses are available to you. This blog post will examine the penalties if convicted as well as the various defenses that are available.
What is Aggravated Battery?
Aggravated battery occurs when an individual intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement to another person. This crime can also occur if the offender uses a deadly weapon while carrying out the act of battery.
For someone to be convicted of aggravated battery causing great bodily harm, prosecutors must prove beyond a reasonable doubt that the person intentionally touched or struck another individual against his or her will and that the contact caused great bodily harm. Great bodily harm is any severe bodily injury that creates a substantial risk of death and permanently disfigures or disables the victim.
What are the Penalties?
Aggravated battery causing great bodily harm is a felony offense. The penalties depend on the specific circumstances of the crime. However, as a felony conviction, you can expect to be sentenced to prison time. You may also face fines, probation, or community service. The length of your sentence will depend on the circumstances and whether you have a prior criminal record.
If convicted of this crime, you could face up to 15 years in prison or 15 years of probation and fines of up to $10,000. Furthermore, additional court costs may be associated with a conviction. These penalties can have far-reaching consequences, including the loss of employment and educational opportunities.
In some cases, the penalties for aggravated battery causing great bodily harm can be even more severe. If a firearm was used in the commission of the crime, or if the victim dies from their injuries, the minimum prison sentence that may be imposed is 25 years.
It is important to understand the severity of these penalties and consider them when facing charges related to this crime. It is also wise to speak with an experienced criminal defense attorney who can explain the potential consequences of a conviction, including prison time and fines.
Defenses for Aggravated Battery Causing Great Bodily Harm
There are several defenses that can be used to fight aggravated battery causing great bodily harm charges. Some of the most common include:
Self-Defense: If the defendant was acting in self-defense, this might be a valid defense. Self-defense is when someone believes that they are being threatened and need to use force to protect themselves. This does not include attacking someone who has done nothing wrong or who has not directly threatened you.
Defense of Others: This defense is similar to self-defense, but instead, the defendant must show that they were protecting another person from bodily injury or death due to the victim’s actions.
Defense of Property: This defense is used when a defendant believes their property was in imminent danger because of the victim’s actions. The defendant must show that they were protecting their property and had no other way to do so.
Insanity: This defense is used when a defendant can show that they were legally insane at the time of the offense and thus unable to understand or appreciate the wrongfulness of their actions. It is important to note that this is not a “mental illness” defense, as mental illnesses do not necessarily constitute legal insanity.
Mistake of Fact: This defense is used when the defendant can show that they held a mistaken belief about facts that would have made their actions lawful had they been correct. For example, if a person mistakenly believes that someone is trying to harm them, they may be able to use this defense.
Accident: This defense is used when a defendant can show that their actions were not intentional and did not intend to cause harm.
Alibi: This defense is used when a defendant can prove that they were somewhere else at the time of the offense and thus could not have committed the crime.
Intoxication: This defense is used when a defendant can show that their intoxication prevented them from forming the mental state needed to commit the crime. It should be noted, however, that voluntary intoxication is not a valid defense.
For any of these defenses to be successful, it is important that the defendant work with an experienced criminal defense attorney to present the facts of their case in the best possible light.
Fight Back With a Strong Criminal Defense
In the event that a criminal charge is brought against you, it is important that you take action immediately. The first step in defending yourself against criminal charges is to seek out an experienced attorney who can provide guidance and advocacy on your behalf.
An experienced attorney will be able to evaluate the merits of each defense and provide guidance regarding which may be most helpful in achieving a favorable outcome. They can also evaluate the evidence and circumstances and identify weaknesses in the prosecution’s case.
They can also help you understand the legal process, negotiate with prosecutors and judges, present persuasive arguments in court, and help you navigate any other legal challenges associated with your case.
Most importantly, a criminal defense attorney will help build a strong defense that may result in reduced charges, dismissal of the case, or an acquittal.
Contact a Criminal Defense Attorney Today
Aggravated battery is a very serious charge with serious consequences, but as with most crimes, there are numerous defenses that someone can claim to try and mitigate their sentence.
If you have been charged with aggravated battery causing great bodily harm, you must understand the defense options available and seek legal counsel as soon as possible. At Hanlon Law Tampa, we can provide you with the representation and guidance necessary to protect your rights. Contact us today to schedule a free consultation to discuss your case.
210 N Pierce St
Tampa, FL 33602